Delegated Legislation

Question 1

what is delegated legislation

Answer 1

Parliament issuing power to another body

Question 2

where do all types of delegated legislation begin

Answer 2

A parenting or enabling act

Question 3

what are the 3 types of delegated legislation

Answer 3

Statutory instruments
orders in council
Bylaws

Question 4

who are bylaws created by

Answer 4

local authorities and large co-operations

Question 5

who are orders in council created by

Answer 5

parliament grant power to privvy council and the queen

Question 6

who are statutory instruments created by

Answer 6

Parliament grant power to government ministers

Question 7

Give an example of an order in council

Answer 7

No ball games

No dog walking on seaburn beach in certain areas

Question 8

what are the 4 needs for DL

Answer 8

Time
easily updated law
flexibility
DL to other bodies

Question 9

Give reason why time is a need for DL

Answer 9

The process for stat creation is lengthy because parliament gets very busy and time is short
so DL can be passed through quicker

Question 10

how is the law being easily updated an advantage

Answer 10

The law constantly needs uodating. Provisions of the law can be easily added to acts. This aids the movement of fast moving acts ie. technology
R v R

Question 11

How is flexibility an advantage of DL

Answer 11

It can be introduced and amended for different areas of law

Question 12

how is giving power to other bodies an advantage of DL

Answer 12

By giving power to other bodies parliament can focus on national law issues such as the NHS

Question 13

what are the 5 parliamentary controls

Answer 13

The enabling act 
affirmative resolution 
negative resolution 
super affirmative resolution 
scrutiny committees

Question 14

what is the method of court control for delegated legislation

Answer 14

Judicial Review

Question 15

what are the 3 categories of judicial review

Answer 15

Procedural
Substantive
unreasonable

Question 16

explain procedural ultravirus judicial review as a court control with a case

Answer 16

If parliament fail to follow the parenting or enabling act someone can challenge the legislation. Illustrated in Aylesbury mushrooms 1972 a minister failed to consult a mushroom growers association before which represented 85% of all mushroom groves

Question 17

Explain a substantive ultravirus judicial review as a court control

Answer 17

whereby a minister goes against their given power ie. the minister of education passes a law in health.
R v home secretary exp fire brigades union whereby the home secretary of state made changes to criminal injuries compensation scheme.

Question 18

Explain an unreasonable ultravirus judicial review as a court control

Answer 18

Where a legislation is passed that is unreasonable. illustrated in Strictland v Hayes BC where bylaw was passed prohibiting singing any obscene song or Ballard and us of obscene Lagrange.

Question 19

Describe the enabling act as a parliamentary control and give an advantage and disadvantage

Answer 19

The enabling act sets out the method that parliament should use to pass delegated legislation. It means people cant do what they want BUT the courts dont always follow procedure

Question 20

describe affirmative resolution as an act of parliamentary control and give an advantage and a disadvantage

Answer 20

Is where parliament vote and check the legislation.
- less than 10% use this method because its time consuming
+ Voting makes it democratic

Question 21

Describe negative resolution as an act of parliamentary control and give the advantage and disadvantage

Answer 21

The stat is put into parliament for 40 days and if it hasnt been checked it will get passed
- 90% of DL is checked through this meaning over 2000 laws are passed without being checked
+Its quicker

Question 22

describe scrutiny committees as an act of parliamentary control and give the advantage and disadvantage

Answer 22

Parliament has a number of committees that scruitinise legislation but they have no powers
- pointless if they have no powers
+we know they’re going to be scrutinized properly

Question 23

What are the disadvantages of DL

Answer 23

Lack of controls

Too large volume

Question 24

When are orders in council used

Answer 24

In emergencies under the emergency powers act 1920 and the civil contingencies act 2004. It stopped fuel block aids in oil depots in 2000

Question 25

How can orders in council be used

Answer 25

They can be used to transfer responsibility between government and departments i.e. Department of constitutional affairs was moved to the ministry of justice

Question 26

What are the uses of bylaws include examples

Answer 26

Traffic control
Parking
Harbour regulations
Smoking ban on the London Underground under the railways act 1993

Question 27

How can stationary instruments be brought into force (controlled)

Answer 27

Negative, affirmative or super affirmative resolution

Question 28

Explain how statutory instruments fill in details of acts

Answer 28

Acts often cover broader ideas so statutory instruments can be used to fill in details because the minister specifies in that department i.e. Road traffic regulations act 1984 has had details filled in